David Perry Ashton et al vs. American Family Connect Ins Co et al

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Sarah J. Carrillo

Department 2 August 28, 2026 8:30 am DA Case # Date Filed

1 CV66389 David Perry Ashton et al vs. American Family Connect Ins Co et al 08/27/2024

David Perry Ashton Attorney: Evangeline Grossman Mary Jane Ashton Attorney: Evangeline Grossman American Family Connect Property Attorney: Joshua Kastan an Casualty Insurance Company

Ameriprise Auto & Home Insurance IDS Property Casualty Insurance Company Alacrity Solutions Group Attorney: Adriana Valdez

Alacrity Solutions Group Attorney: Carla Braunstein

Shaun Piazza d/b/a Eagle Attorney: Anahita Yamouti Construction Shaun Piazza d/b/a Eagle Attorney: Shivani Construction Bommakanty Tony Martin d/b/a Eagle Attorney: Anahita Yamouti Construction Tony Martin d/b/a Eagle Attorney: Shivani Construction Bommakanty OSC Hearing - Sanctions Attorney Evangeline Grossman, Attorney Joshua Kastan, and Attorney Adriana Valdez Case Management Conference Federal Court update 08/27/2024 Complaint File Tracking 08/12/2025 High Density

This is an insurance bad faith case. Following a partial settlement with certain local contractor defendants, the remaining defendants had the action removed to federal court. The state case was stayed, and an annual review hearing was set.

On 06/26/2026, Judge Beyersdorf conducted that review hearing. No parties appeared, which caused the Court to issue orders to show cause re: sanctions against the parties/lawyers. As correctly noted in a filing by all parties, the Court had no authority to issue orders to show cause because with removal "the state court shall proceed no further unless and until the case is remanded." 28 U.S.C. §1446(d); in accord, Spanair S.A. v. McDonnell Douglas Corp. (2009) 172 Cal.App.4th 348. Although the attorneys agreed to a review hearing in a year and then failed to (1) file a dismissal in this Court once the federal action was fully resolved, or (2) appear at the review hearing to keep this Court informed, the OSC issued on 06/26/2026 must be vacated. Moreover, this state action should be dismissed with prejudice.